New York Injury Lawyer Blog

Most motorists may think now that Fourth of July weekend has passed, roadways are a whole lot safer but that couldn't be farther from the truth.

SafeMotorist.com reports that of the ten deadliest days on the road throughout the year, July and August lay claim to seven of them. In fact, four of the first twelve days of August can be quite fatal for motorists involved in car accidents in New York City and throughout the country.

A recent study in Indiana reported by Pharos-Tribune has New York car accident attorneys wondering if our state shouldn't publish a similar comprehensive study so motorists are aware of who is most at risk and what the deadliest days are since our climate is similar to the Midwest.

Most would probably consider colder icy and snow surfaced roads to be more dangerous but the truth is more people like to get out and travel during warmer months, which creates a high risk for injury on busy roads.

The analysis of Indiana road safety showed that an average of one in five crashes last year occurred in the months of July and August. August recorded 79 fatalities followed by July with 74 deaths reported. The report also indicated that motorcyclists were more at risk with an increase in injuries and deaths as a result of a higher crash rate for these two-wheeled vehicles.

SafeMotorist.com reports that July 2, 3, 4 and August 3, 4, 6, and 12 rank among the deadliest days of the year. August, October and July are the three deadliest months to drive of the year, respectively.

Saturday and Friday are the two deadliest days of the week. The time periods of 3:00-6:00pm and 6:00-9:00pm are the deadliest times of the day to be on roadways.

How does New York City compare? New York State Department of Motor Vehicles reports the following 2009 New York City accident statistics:

-Of the 52,252 police reported accidents in the City, 256 accidents were fatal.

-Pedestrians were most at risk with 158 deaths reported. Drivers accounted for 73 deaths, passengers accounted for 25 deaths and bicyclists accounted for 12 deaths.

-There were 15,122 accidents reported from 3pm-6pm and 11,638 of the accidents occurred from 6pm-9pm.

-Sunday was the most fatal day of the week with 50 deaths reported. Friday and Saturday ran a close second with 42 fatalities reported on each day.

-More than half of the total accidents had one or more factors related to causing the accident.

-Driver distraction, failure to yield and tailgating were the three leading causes of accidents.

-Males drivers were involved in 64 percent of accidents.

-The age group most at risk of being in an accident was 25-29 year-olds for both males and females.

-There were 27 motorcyclists fatalities reported in New York City in 2009.

Whether you feel you fit into one of these categories or not, motorists are reminded that we are approaching some of the deadliest traffic days of the year so use a little extra caution in order to avoid a motor vehicle crash as we finish up the summer driving months.

Continue reading "August Proven to be one of the Deadliest Months of the Year for Car Accidents in New York" »

We posted previously on our New York Injury Lawyer Blog that our state ranks near the top among states with the most medical costs associated with car accidents -- we spend nearly $1.33 billion every year.

Overall, Americans spend approximately $41 billion a year in medical attention, property damage and loss time from work; half of these costs occurred in only 10 states.

Manhattan car accident lawyers know that most Americans can't afford the cost associated with a crash as we continue to recover from this economic downturn.

The Centers for Disease Control and Prevention reports in 2009, that roughly 2.3 million vehicle occupants (drivers and passengers) were treated in emergency rooms. New York crash victims spend $18 million in medical costs and $1.31 billion in work loss costs on average per year.

It is estimated that $415 million (31 percent) is associated with motor vehicle occupants, $258 million (19 percent) goes towards pedestrians and $179 million (13 percent) of the costs are linked to motorcyclists.

Also important to point out is the total costs broken down by age group in which $593 million (45 percent) is young adults ages 20-34 and $418 million (31 percent) is spent on the adult age group ages 35-64. Teens make up only 15 percent of the crash-related costs or approximately $205 million per year.

The CDC estimates that over 1,000 lives could be saved in New York each year with primary enforcement of the seat belt law covering all seat positions and a complete graduated drivers licensing program. Saving a life not only minimizes family tragedy but can also save in costs associated with death caused by a crash.

Some states are considering raising speed limits on roadways. Texas has recently passed a bill to increase the speed limit to 85 mph on some freeways and motorists in Utah will be permitted to drive 80 mph on certain parts of the interstate according to the Insurance Institute for Highway Safety. Common sense tells us that fatalities will likely increase in these states since speed-related accidents account for 31 percent of all fatal crashes nationwide.

"We're willing to raise the speed limit even though we know that if people travel faster we're going to have more deaths on highways," says Adrian Lund, president of the Insurance Institute for Highway Safety.

New York is in the minority when it comes to states which don't permit motorists to travel at a speed limit of 70 mph or higher. New York speed limit laws allow motorists to travel at 65 mph on rural and urban interstates and other limited-access roads. Other roads are marked at 55 mph.

The long and short of avoiding the costly aftermath of a car crash is that motorists should obey state traffic laws, reduce distractions, and always be aware of others (pedestrians, motorcyclists and bicyclists) using the same roadways.

Continue reading "New York Crashes Costly to Victims and Their Families Involved in Manhattan Car Accidents" »

Several recent fatal bus accidents in New York City has prompted the government to take a more active approach in enhancing passenger safety.

A recent news release by Federal Motor Carrier Safety Administration has the Obama Administration boasting about how many bus companies they have ordered out-of-service in recent months. But tell that to the families who have suffered the loss of a loved one in New York in recent months at the hands of a drunk bus driver or a bus driver who was drowsy after working too many hours on duty.

New York Injury Lawyer Nicholas Rose PLLC understands too many charter companies go unpunished for not following federal regulations set forth by the U.S Department of Transportation until it is too late.

In the news recently was the reported heroic effort of a soldier, not for his service provided overseas, but rather for saving several lives after a bus collision with a tractor-trailer on a New York State Thruway between Syracuse and Rochester. Ninety minutes into his leave from Fort Drum while heading home to Missouri to visit with family, the soldier stopped his vehicle to help several passengers on a bus engulfed by flames.

A Farr's Coach Lines tour bus was headed to New York City with a full bus load of employees of an insurance company and family members when it was struck from behind while merging onto the highway. Following the collision, the bus and tractor-trailer burst into flames killing the truck driver and injuring 30 of the 52 passengers aboard the charter bus. The soldier helped the passengers exit the bus one by one until everyone reached ground safely and did as he puts it, "what anybody would have done in that situation."

The U.S. Department of Transportation between 2000 and 2009 cited 14 imminent hazard orders which resulted in unsafe carriers being put out-of-service. In the last four months, FMCSA has issued 8 out-of-service orders to charter companies in Georgia, Pennsylvania, Michigan, Mississippi, North Carolina and a truck driver in Tennessee. Bus inspections have almost doubled from 12,991 in 2005 to 25,703 in 2010.

"I'm proud of FMCSA's efforts to crack down and take action on unsafe interstate bus and trucking companies," said FMCSA Administrator Anne S. Ferro. "Our safety investigators, inspectors and state partners will continue demanding that motor carriers and their drivers adhere to safety requirements. While most of the industry operates safely, I also look forward to working with Congress to add new tools to prevent unsafe companies and drivers from operating."

More can be done. FMCSA needs to be granted more authority by Congress to determine whether a new carrier is being "reincarnated" by a former, unsafe carrier that was ordered out-of-service previously. FMCSA needs authorization from Congress to perform bus safety inspections at rest stops. All new carriers should have to undergo a full safety audit before being granted the authority to operate.

Lastly, increasing fines from $2,000 (as it stands currently) to $25,000 per violation would force charter companies to comply with federal regulations with regard to driver fatigue and hours on duty, driver training, drug and alcohol abuse regulations, and routine maintenance of buses or motorcoaches.

Continue reading "Bus Safety Inspections 'Too Little Too Late' for Families Mourning After Recent Fatal New York Bus Accidents" »

Red-light cameras have caused heated debates throughout the country, but New York has taken enforcement once step further. According to NYC Finance, if you don't pay your red-light camera violation you could either get your vehicle towed by the city, you could suffer severe late fees and fines or you may not be able to renew your registration with the DMV.

Red-light cameras have been up and running in New York since 1993. It was during that year that the State Legislature approved 50 cameras to be installed at a number of intersections throughout the city. The program was expanded to the use of more than 100 cameras to reduce the number of car accidents in New York.

Our New York car accident attorneys understand these cameras have been under debate for quite some time now. Opposing parties would argue that they do nothing more than generate revenue for the city and some would argue that this is an unreliable invasion of privacy. In defense of the cameras, officials have said that the cameras are intended to save lives and that they photograph license plates only and not passengers.

A number of these cameras have been turned in for not working properly and even contributing to accidents, according to Tech Dirt. At many of these intersections, the number of rear-end collisions have increased while t-bone accidents have decreased. Some cities have even been accused of lowering the yellow-light time in an attempt to catch even more red-light runners.

"I've never . . . seen any studies that suggest red light cameras would be a good safety intervention to reduce right-turning accidents," said Mark Burkey, a researcher at North Carolina A&T State University who has studied photo enforcement collision patterns.

If you're busted running through a red light at one of our New York intersections that is already equipped with these cameras, you will receive a "Notice Of Liability" which is basically a fine for $50. The $50 fine that comes along with this notice of liability proves to be a reliable source of revenue for the city, which has collected more than $73 million in fines from drivers from 1993 to 2008, according to Senate Democrats.

If you run one of these red lights, you should expect the Notice of Liability about 30 days after the violation. You will then have 30 days from the NOL date to respond.

All payments must be made to the NYC Department of Finance. They are also the ones who are held responsible for holding hearings for drivers who wish to dispute the Notices of Liability they receive.

"Technology can absolutely help make roads safer, and red-light cameras and speed cameras, on properly engineered roadways, can play a proper role in that," said Mr. McNaull, a former police officer.

Whether they've been installed to generate some income for the city or to save drivers from suffer an intersection car accident, there's no getting around them as the eye in the sky is here to stay.

The New York City Driving Homepage offers a map of all the red-light camera locations throughout the city.

Continue reading "Red-Light Cameras -- Still a Hot Debate Regarding New York Car Accidents" »

A devastating 4th of July drunk driving car accident in New York was remembered recently near the eastbound service road of the Long Island Expressway in Flushing, Queens. The daughter of a 64-year-old man stood near 150th Street with a homemade poster to raise awareness about the dangers of drunk driving. It was her father that died in the unfortunate accident.

The accident happened just a year ago when the 64-year-old driver was hit by a drunk driver, who was traveling the wrong way. The drunk driver smashed into the father's airport shuttle van. The man slid out of the van right before it exploded, according to Pix 11. The father suffered catastrophic injuries. He battled these injuries for more than two weeks at New York Hospital-Flushing. Three days after doctors amputated his right leg because of severe infection, he passed away.

Our New York car accident attorneys understand that drunk drivers pose serious threats to all motorists on our roadways. For this reason, the National Transportation Safety Board (NTSB) has placed these drivers on their "most wanted" list. Something needs to be done to stop these drivers in their tracks to help save lives around the country.

"It was a crucifixion. His abdomen was open, his chest was crushed, his leg was destroyed," says his daughter, remembering the traumatic event.

The drunk driver was speeding, traveling at more than 80 miles per hour, and was traveling the wrong way. He was sentenced back in March to 3.5 to 10.5 years in prison.

In an attempt to combat this serious and fatal problem, the victim's daughters have been trying to get a law passed in their father's name. John Rey's bill, which recently passed in the state Senate, addresses safety concerns at "exit ramps" near major highways. Not only are they looking to have more signs placed in these areas to alert drivers that they're traveling the wrong way, but they're also trying to get road spikes in these areas. They believe that road spikes are more likely to grab the attention of a drunk driver.

Since this tragic 4th of July accident, there have been at least 19 more "wrong way" accidents that happened in the metro area before the year's end. One of these incidents even killed a New York City police officer on his way home from work.

In an attempt to stop tragic accidents like this one, the NTSB has launched a new campaign that targets our roadway's most dangerous drivers. It's no surprise that drunk drivers are on the NTSB's most wanted list. The campaign offers a number of actions that can be taken to implement necessary life-saving safety recommendations.

It is estimated that someone dies from a traffic accident that involves an alcohol-impaired driver every 48 minutes. In 2009, nearly 11,000 people died because of these incidents. Drunk driving accidents accounted for a third of all highway deaths. Although the number of fatal accidents across the United States has experienced a decrease in the last 10 years, the number of drunk driving accidents remains the same. Surprisingly enough, the National Highway Traffic Safety Administration reports that a motorist is likely to make nearly 90 impaired driving trips before they're arrested. Impaired driving is a preventable accident that takes the lives of too many motorists year after year.

The NTSB recommends that states consider these actions to help stop drunk driving:

-Ensure administrative license revocation when a driver fails or refuses to take a sobriety test.

-Limit plea bargaining and diversion programs. Make sure that the consequences and sentences for those who've been busted drinking and driving are firm and severe.

-Conduct a number of sobriety check points, especially around popular holidays.

-Consider installing ignition interlock devices for those who have been convicted of driving while impaired to ensure they won't do it again in their vehicle.

-Sentence guilty parties to jail time, home detention with electronic monitoring or intensive supervision probation.

Until more strict punishments accompany drunk driving, we are doomed to continue to see accidents like the fatal 4th of July accident in New York. Motorists are asked to take driving seriously and to stay sober behind the wheel. Any amount of alcohol has the ability to alter your decision making skills and your reaction time and has the potential to kill your or another innocent motorist.

Continue reading "Brutal Accident Remembered - NTSB Targeting Drunk Drivers in New York and Elsewhere" »

A recently released Governors Highway Safety Association report shows that New York had one of the largest increases in fatal motorcycle accidents from 2009 to 2010.

This is discouraging considering that nationwide statistics showed an overall decrease in motorcycle fatalities in the same time period. Though the decline in 2010 was two percent, which is low compared to the 16 percent decrease in fatal motorcycle crashes seen in 2009, the numbers continue to fall, which is encouraging. During the 11 years prior to 2009, there were increases.

New York City personal injury lawyers are aware that despite a national decrease in motorcycle fatalities there was a significant increase in the number of fatal New York motorcycle accidents.

For the first 9 months of the year, the number of fatal accidents jumped from 136 in 2009 to 180 in 2010. Wisconsin and Michigan also experienced hefty increases. The data indicates that the rate of motorcycle accident fatalities tends to rise as the year progresses. This makes sense in northern states like New York where at the beginning of the year weather conditions aren't conducive to riding a motorcycle.

Clearly, the warmer weather of the spring and summer attracts more motorcycle riders. Educating all drivers to share the road with motorcycles is another contributing factor that influences fatality rates. States' approaches vary on the amount of campaigning officials do to encourage proper understanding by car and truck drivers and the need to respect the rights of motorcycle riders.

Members of ABATE, a motorcycle safety organization, were concerned regarding recent events in Onondaga County. There had been several motorcycle accidents in the county, some fatal. Local law enforcement chose to target bikers by pulling them over to inspect everything from helmet use to horns. ABATE members felt educating everyone to share the road better should have been the better focus than inspecting bikers machines and protective gear.

Proper licensing and training of motorcycle riders can also influence fatality rates each year. In order to get a license to operate a motorcycle, some states require more extensive safety courses than others. Fatalities declined 27 percent in Oregon after stricter licensing and safety protocols were implemented. Motorcycle riders encounter many dangers on the road. It is vital to protect yourself as best you can by obeying all traffic laws and taking an approved safety course.

Recently state leaders gathered at the Crossings Park in Colonie to share safety tips for motorcyclists and motorists, according to the Times Union.

"Motorcycling is more popular than ever," said state Department of Motor Vehicles Commissioner Barbara Fiala. "With this popularity comes an increase in crashes, injuries and fatalities."

Over the past 10 years, the number of licensed motorcycle riders in New York State has increased 28 percent, and registered vehicles have grown 76 percent. New York State has well over 655,000 licensed riders. With this many vehicles on roadways, the risks become much higher, so always keep a watchful eye for motorcycles, scooters, bicycles and other small vehicles.

Continue reading "New York Motorcycle Fatalities Increase, Despite a National Decrease " »

Manhattan car accident attorneys know that teens are at a high risk for New York City car accidents because they often lack the knowledge and experience needed to make good driving decisions. This age group is also more apt to allow distractions to affect them or ignore rules of the road while driving, which can lead to dangerous situations on New York roadways.

The best thing that a parent can do for their young teen driver is to be involved in the learning-to-drive process. Being proactive from start to finish of the licensing process can create a lifetime of safe driving behaviors for your teen. The good news is there is an abundant amount of helpful information available right at your fingertips.

AAA has developed a customized state-specific online tool for parents and teens to use throughout the learning process. Keys2Drive: The AAA Guide to Teen Driver Safety provides a full display of information from what to do before your teen starts driving to supervising your teen while driving to when they finally begin driving solo.

Car crashes are the number one killer for teens, even more than homicides, suicides and cancer combined. For that reason, helping your teen to understand the risks of driving fast, getting distracted, or getting behind the wheel intoxicated becomes an important first step.

The National Highway Traffic Safety Administration reported that from 1998-2007 more than 7,500 passengers 20 years old or younger died in a motor vehicle accident while riding with a young driver behind the wheel. The highest percentage of fatalities was in the 15-17 year-old age group reporting 4,777 deaths during that time period. Teens represent a small percentage of licensed drivers (7 percent) but are the age group with the highest percentage of fatal crashes (20 percent).

At age 16, teens can apply for a learner's permit by going to a local driver's exam office and providing parental consent, six points of identification, the teen's Social Security card and passing a vision test. The teen also needs to have taken a driver education course or pass the written knowledge test.

After 6 months of driving with a learner's permit and 50 hours of driving experience under their belt, teens can take a five-hour pre-licensing course as a precursor to taking the road test to obtain a junior's driver license. Finally, at age 17, teens are entitled to an unrestricted license as long as they have a junior license and have completed a driver education course. Teens will receive their full license via mail once they turn 18 years old.

Teens can take a sample driving quiz before they take their written test. Click here to take the sample test.

Even though your child has branched out to driving on their own without supervision, AAA recommends that parents establish a Parent-Teen Driving Agreement which stipulates both New York law and family rules to be followed.

The agreement should be clear, concise and direct on what expectations need to be met and what the consequences are if broken. Parents and teens should agree on the stipulations and sign the contract.

Continue reading "Teen Driver Guide Enhances Knowledge in an Effort to Reduce Manhattan Teen Car Accidents" »

New York City Injury Attorneys hope you and your family have a fun and enjoyable Fourth of July weekend.

And the best way to ensure fun is to be safe, especially on the roads. AAA estimates that 39 million people will be driving this holiday weekend, which is actually a drop from the 40 million or so who traveled 50 miles or more from home last year, USA Today reports.

While there may be fewer drivers on the roads than in 2010, 39 million is a large number of drivers. And, as we all know, the traffic never stops in New York City, holiday or not. More drivers means the potential for more car accidents in Queens and elsewhere in the city.

With people enjoying the holiday weekend, they may be more likely to drink alcohol. And despite ample public transportation options throughout the five boroughs, people will still get in their vehicles and drive drunk. In 2009, there were 321 alcohol-impaired driving fatalities, according to The Century Council, a non-profit group.

Distracted driving is a major cause of vehicle accidents, whether because of texting and driving, talking on a cell phone and driving, applying makeup, messing with the radio dial or other distractions. And in the city that never sleeps, pedestrian accidents in New York are always a concern.

But besides driving, there are other safety hazards this holiday weekend. While many people may not venture far from their homes, they may enjoy the warm weather swimming. Private and community swimming pools are prone to swimming pool accidents in Brooklyn and elsewhere.

Many children are injured each year in swimming pool accidents, which can range from slipping and falling, causing bruising or even broken bones, to drownings. According to the New York State Department of Health, there were 32 drownings reported in New York City between 1987 and 2007.

Some swimming pool tips from the American Academy of Pediatrics:

• Never leave your child alone in or near the pool
• Stay within an arm's length of a child under 5
• Separate your pool with a fence that locks
• Keep rescue equipment and a phone nearby

And be careful of fireworks this holiday weekend. While New York is one of four states nationwide that ban the sale of fireworks, many people drive across state lines (not New Jersey, because that's another of the four) to purchase personal fireworks. We would recommend going to a city sponsored display, but if you choose to use fireworks, take extra precautions in order to stay safe.

The Centers for Disease Control and Prevention report that nearly 7,000 people were injured and seven killed in 2008 in fireworks accidents. Fireworks accidents in New York can cause severe injuries, from burns to eye problems to brain injuries.

While they seem fun and harmless, these products can sometimes be defective and cause injuries. And with homes so close together in many parts of the city, they can injure others unintentionally as well.

Continue reading "New York City Injury Attorneys Wish You a Safe Fourth of July" »